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    Unpaid employer contributions as plan assets: expansion of liability under ERISA
    2014-04-21

    The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), requires trustees of multiemployer pension and benefit funds to collect contributions required to be made by contributing employers under their collective bargaining agreements (“CBAs”) with the labor union sponsoring the plans. This is not always an easy task—often, an employer is an incorporated entity with limited assets or financial resources to satisfy its contractual obligations.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Fiduciary, Eleventh Circuit
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    In re Piazza (11th Circuit): bad faith constitutes "cause" for dismissal under section 707(a)
    2014-03-21

    Until recently, the creditor of a chapter 7 debtor whose debts were not primarily consumer in naturewas unable to rely on Eleventh Circuit precedent to support its position that its debtor's chapter 7 bankruptcy case should be dismissed for bad faith.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Debtor, Debt, Bad faith, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Tenth and Eleventh Circuits address dismissal as moot under 11 U.S.C § 363(m) of appeals relating to asset sales
    2014-02-26

    Recently, two courts of appeal dismissed as moot under 11 U.S.C. § 363(m) appeals of orders   authorizing the sale of assets. The courts’ analysis focused on whether granting the appellant’s relief  from the lower courts’ order would affect the asset sale. Thus the trend in the appellate courts is that only appeals that will not affect the sale itself (such as a dispute over the distribution of sale proceeds) are not subject to being dismissed as moot.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Debtor, US Code, United States bankruptcy court, Eleventh Circuit, Tenth Circuit
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Eleventh Circuit is the latest to weigh in on warrantless GPS tracking
    2014-02-12

    Here’s another case involving the use of GPS tracking devices, which as regular IT-Lex readers may know, is currently a very divisive issue. The three appellants were convicted by a jury “of sixteen counts of Hobbs Act robbery, conspiracy, and use and carrying of firearms during the commission of a violent crime.” The appellants and their co-conspirators were linked to a string of armed robberies in the spring of 2011 in South Florida.

    Filed under:
    USA, Crime, Insolvency & Restructuring, Litigation, IT-LEX Inc, Fourth Amendment, Eleventh Circuit
    Location:
    USA
    Firm:
    IT-LEX Inc
    Eleventh Circuit upholds directors’ affirmative defenses based on FDIC’s post-receivership conduct
    2014-01-17

    The US Court of Appeals for the Eleventh Circuit recently issued the first appellate decision holding that, in actions brought by the Federal Deposit Insurance Corporation (FDIC), the officers and directors of failed banking institutions can assert affirmative defenses relating to the FDIC’s post-receivership conduct.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Negligence, Estoppel, Federal Deposit Insurance Corporation (USA), Eleventh Circuit
    Authors:
    Tenley Mochizuki
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    The Eleventh Circuit clarifies the liability for a bankrupt company’s pension benefits
    2014-01-07

    In Durango-Georgia Paper Co. v. H. G. Estate, LLC, Case No. 11-15079 (decided January 7, 2014), the Eleventh Circuit addressed what it defined as a question of first impression: “whether under ERISA the trustee of a corporation that is a contributing sponsor and is in bankruptcy can maintain an action for the benefit of the bankruptcy estate and the estate’s unsecured creditors against the corporation’s former owner … for liabilities arising from the termination of a pension plan.” Opinion, p. 5. The Court held that the answer is “no.”

    Filed under:
    USA, Georgia, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Smith, Gambrell & Russell, LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Pension Benefit Guaranty Corporation, Eleventh Circuit
    Location:
    USA
    Firm:
    Smith, Gambrell & Russell, LLP
    That makes two for the FDIC: 11th Circuit Court of Appeals issues another precedential decision interpreting tax sharing agreements in bankruptcy, awards ownership of tax refund to FDIC
    2013-10-16

    The Bottom Line: 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Federal Deposit Insurance Corporation (USA), Eleventh Circuit
    Authors:
    Daniel M. Eggermann
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Tax sharing agreements in bankruptcy – a tale of two jurisdictions
    2013-08-28

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Holding company, Federal Deposit Insurance Corporation (USA), Eleventh Circuit
    Authors:
    Daniel M. Eggermann
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Whose tax refund is it? Eleventh Circuit holds that chapter 11 debtor parent company must distribute tax refunds to members of a consolidated group under a tax sharing areement
    2013-08-29

    On August 15, 2013, in Zucker v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Fried Frank Harris Shriver & Jacobson LLP, Bankruptcy, Debtor, Holding company, Tax return (USA), Federal Deposit Insurance Corporation (USA), United States bankruptcy court, Eleventh Circuit
    Authors:
    Brad Eric Scheler , Gary L. Kaplan , Shannon Lowry Nagle , Alan N. Resnick , Jennifer L. Rodburg
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    2012 year in review – part 1
    2012-12-21

    March 9, 2012: Publication of Dynegy Examiner’s Report

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Fiduciary, Debt, United States bankruptcy court, Eleventh Circuit, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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